Congress raises constitutional crisis controversy with regard to CM’s by-election in Uttarakhand
A fresh controversy had erupted in Uttarakhand making news about an alleged constitutional crisis particularly raised by the main opposition party of the state Congress with its president Pritam Singh n Navprabhat, former minister, quoting the provisions of people’s representation act saying that since the new chief minister of Uttarakhand doesn’t have a year’s time to serve after his appointment as state CM on March 23, he is not entitled to become an MLA.
However, the chief minister T.S. Rawat ‘s six month requisite period will expire on 10 th September and as such he has to get himself elected as a lawmaker by this stipulated date, constitutionally as per the article 164 ( A) of the PRA .
There are news reports that the CM is likely to contest either from Gangotri or Haldwani constituency that fell vacant after the demise of Mahendra Bhatt and Dr. Indira Hridayesh, with the CM Rawat eyeing on Gangotri seat reveal the reliable sources.
As per the constitution, any politician after becoming chief minister or minister, if he is not a member of parliament or legislative assembly, has to become MLA or MP within six months from the day of his or her appointment in any state or centre.
But there is a caveat that the incumbent chief minister or minister can contest only if he has a period of minimum one year to discharge his duties or serve.
The Uttarakhand chief minister Tirath Singh Rawat assumed charge as the 9 th CM replacing Trivendra Singh Rawat after his four year old tenure on 23 rd March and as per the article 164 ( A) of the constitution he has to get himself elected by 10 th September as his six month tenure expires on September 10, but the Congress party chief Pritam Singh Rawat and seniir leader Nav Prabhat have highlighted about the impending constitutional crisis while talking to media.
They are of the strong opinion that since as per the People Representation Act a chief minister should have a complete one year to serve from the date of his appointment, in Tirath Singh Rawat’s case it has already expired hence he is not constitutionally entitled to contest n become MLA hence according to Nav Prabhat while talking to TOI and Pioneer a new CM will have to be appointed.
Speaking to pioneer he catagorically said that if by election would be held it will be illegal and he will approach the court opposing it.
However, the Bhartiya Janata Party has while giving the Orissa instance has said that in 1999, the then CM who was elected MP in 1998 has been elected as MLA, through a by-election.
There is a well known constitutional provision that a chief minister or minister, if he or she is not the member of assembly can be elected within the six months period as above after their appointment and as such in Uttarakhand CM’s case too his terms expires on September 10 th and he will be elected to the assembly by then say the BJP leader Mr. Kaushik.
As per a news report of The Print, according to the Section 151 ( A) of representation of people’s Act, the Election Commission has mandatory powers to fill vacancies in the house of parliament or state legislatures through by-elections within six months of a seat getting vacant. But there is a caveat in this rule says the report as section 151 ( A) of the Representation of People’s Act clearly states that vacancies in the assembly has to be filled within six months provided that the remainder of the term of a member in relation to a vacancy is one year or more.
But citing the Orissa example of the then CM elected in 1999 through a bypoll, gives a clear leverage to the Bhartiya Janata Party and the Uttarakhand CM Tirath Singh Rawat which can become a precedence and that’s the reason that the latter would be elected as lawmaker either from Gangotri or Haldwani, the two assembly seats lying vacant at present say reliable sources.
It may be recalled that the former chief minister Trivendra Singh Rawat was replaced by Tirath Singh Rawat ( MP from Pauri Garhwal constituency) by BJP high command in view of the stiff dissent of MLAs confronted by the former for his autocratic style of functioning antagonizing maximum MLAs.
The elections of Uttarakhand are due to be held in March 2022 as the assembly term expires on 23 rd March.
The Congress party being the main opposition with merely 12 MLAs and ruling BJP with 57 lawmakers, is banking on the anti establishment factor, quite optimistic of staging a come back in 2022, despite the party suffering from tremendous factionalism.
The recent fake Covid 19 testing controversy and spike in dreaded pandemic cases with more than 7 thousand fatalities including other factors allegedly going against the ruling party have indeed raised the morale of Congress party including the Aam Admi Party which is the new entrant in Uttarakhand likely to contest on all the 70 seats.
pic : courtsey : from twitter
